Oliver v. Amity Mutual Irrigation Co.

Opinion by

Judge VOGT.

In this negligence action, defendant, Amity Mutual Irrigation Co., appeals the trial court judgment awarding damages to plaintiffs, Larry Joe Oliver and Lois Ann Oliver, for injury to their property resulting from a break in the bank of defendant’s irrigation ditch. We affirm.

Defendant’s main irrigation canal lies immediately north of plaintiffs’ farm. Following a week of heavy rain in 1996, a break in the south bank of the canal permitted silt and debris to wash across plaintiffs’ alfalfa field.

Plaintiffs sued, alleging that the damage to their property was caused by…